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These Terms of Use (“TOU”) are published by POLICY GURU INSURANCE SERVICES PRIVATE LIMITED; a company incorporated under the Companies Act, 2013 with CIN.: U67100MH2021PTC373884, having its registered office at 3rd Floor, A-Wing, Vaman Techno Centre, Marol Makwana Road, Andheri East, Marol Naka, Mumbai, Mumbai, Maharashtra, India, 400059 –=, hereinafter referred to as “Policy Guru” / “Company” operating the web platform www.policyguru.in (“Website”). Policy Guru / Company operates its business through its brand “Carepal Secure”.
These TOU sets forth the terms and conditions of the User’s (as defined below) use of the Website and the Services (as defined below), through the Website and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services (if any). Before you may use the Website, you must read and accept all of the terms and conditions in, and linked to, this Terms of Use and the linked Privacy Policy. Use of any functionality of the Website constitutes acceptance of this TOU. In the event of conflict of these TOU with any other documents, the TOU shall prevail for the purposes of usage of the Website. If you do not agree to be bound by this TOU and the Privacy Policy, you may not use the Website in any way. Ensure periodic visits to this page to review the latest version of the TOU. Company reserves the right, at any time, at its sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified TOU.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system / electronic system and does not require any physical or digital signatures.
1. DEFINITIONS
“Account Information” shall mean information required by user to open an account with Website as below:
“Content” shall include, without limitation, data, text, written posts, comments, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places and all other forms of information or data;
“Policy Guru Account” shall mean the account created by the User by providing the Company with Account Information.
“User”/ “you” shall mean person accessing the Website and/or who seeks to avail the Services of the Company and/or has registered/ created a Policy Guru Account on the Website by providing Account Information.
“User Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits, through or in their Policy Guru Account
1. Description Of Services
Policy Guru Website is a unique and an independent consumer awareness platform that provides information and analysis on various insurance plan/ products/ policies to help the Users appreciate the differences, advantages, shortcomings in the various insurance plans, products or policies as well as offers a place to ask questions and connect with people who contribute unique insights and quality answers through their own knowledge and experience; which shall help User make a choice of product as well as insurer. The Company may also offer independent third-party wellness or health-related products, containing features like online doctor consultations, health check-ups, medicine delivery etc (“Third Party Products”).
By accessing this Website, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that Company may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) and to fulfill your demand. You agree to receive promotional materials and/or special offers from Company through email or SMS.
Beta Services: The current version of the Website is likely to undergo changes as the Company is relentlessly working to improve and enhance the User experience. User agrees that at this stage the Company shall not be bound by any statements of a general nature, which may be posted on the Website or contained in the Company's promotional materials.
2. Authorized Use, Website Access and Licenses
Company grants you a personal, limited, non-exclusive license to use and access the Website and the Service. This license does not include caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company's sole discretion) an unreasonable or disproportionately large load on Company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You shall not bypass any measures used by Company to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by Company.
3. Eligibility
The Services on the Website shall not be accessed by minors under the age of 18 or to any Users suspended or removed from the system by Company for any reason. Users shall ensure that it shall not have more than one active account. Further, Users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Website.
4. Your Account and Registration
In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, Company retains the right at its sole discretion to deny access to anyone to the Website and the Services, at any time and for any reason, including, but not limited to, for violation of the ToU or Privacy Policy.
For security purposes, as best practice, User should keep changing the password of their Policy Guru Account frequently or as and when prompted. In the event that the User forgets the password to their Policy Guru Account, the User can click on “Forgot Password” and follow the password reset instructions received on their registered email ID. Further, it is the duty of the User to safeguard User’s password from any unauthorized use.
5. User Content
Company does not claim ownership of User Content you make available through the Website. At Company's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Website, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge and agree that Company may preserve User Content and may also disclose User Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOU; (c) respond to claims that any of User Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Company, its users, or the public.
6. User’s Obligations, Representations and Warranties
a.User agrees, undertakes and confirms that its use of the Website shall be strictly governed by these TOU. The User further agrees that he is not a minor or an un discharged insolvent and shall not host, display, upload, modify, transmit, update or share any Content/ information that:
b. User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
c.User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, as provided for by the Website.
d. User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company, the Website or the brand name used by the Company or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company. User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Company.
e.User shall at all times ensure full compliance with all Applicable Laws thereunder as applicable and as amended from time to time. The User shall not engage in any transaction in any service, which is prohibited by the provisions of any Applicable Laws including exchange control laws or regulations for the time being in force.
f. User acknowledges that the Company is required to report cyber security incidents related information with appropriate authority, such as their identity, location, etc. and relevant data in connection therewith, which report may include data of the Users and their activities on the Website. The User shall be obligated to extend all assistance as may be required by the Company from the User in this regard.
g.User agrees to provide government-issued photo identification and/or government issued business identification as required for verification of identity as and when requested by the Company.
h. Solely to enable the Company to use the Account Information supplied to it by the User and to ensure that the Company is not in violation of any rights the User may have in the Account Information, the User agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the User has in the Account Information, in any media now known or not currently known. The Company will only use Account Information in accordance with these TOU and Privacy Policy applicable to direct the User to their Policy Guru Account.
7. Disclaimer of Liability and Warranty
8. Disclaimer
The company intends to provide clear and unbiased information about insurance products and services. The information and data are generic in nature. Company offers unbiased, accurate and responsible data to the best of our ability; however, in no manner or form Company shall be responsible for any discrepancies in the data published on our Website. There is no intention or purpose of violating any intellectual property or ancillary rights. All information provided on the Website is subject to its discretion and is likely to change without any notice. Although we have tried to maintain high standards in quality, clarity and accuracy of the material posted on the portal, Company is not legally responsible for the same in any manner whatsoever. Employees, partners and associated staff of Company are not accountable for any loss, harm or damage that occurs or may occur or arise from the usage of information from the portal. Customers are advised to use their own discretion in such matters. It is important to understand that insurance is a subject matter of solicitation and market risks. It is the responsibility of the customer to understand the limitations of insurance policies and the risks involved, and under no circumstance, form or manner, do we take any liability in such cases. We also recommend you to please read the subject and offer documents carefully. The information provided on the portal is for financial and insurance purposes. It is a mutual understanding between us and the customers that their association with the portal will be at the customer's sole discretion and risk.
The Company also disclaims any and all liability arising out of any loss, damage, or inconvenience caused due to errors, omissions, delays, interruptions, modifications, discontinuation or non-performance, quality, availability, performance, accuracy, fulfilment of timelines, business practices in relation to any of the Third-Party Products offered by the Company.
This website may be linked to other websites which are not maintained by the Company. The Company is not responsible for the content of those websites, and the risks associated with visiting and using them. The inclusion of any link to such websites does not imply approval of information or endorsement by the Company, of the websites, or the associated parties thereof.
9. Revision of Services
The Company reserves the right to withdraw/suspend/cancel/discontinue any or all the services without prior notice and make modifications and alterations in any or all the content, and services contained on the site without prior notice and at the sole discretion of the Company.
10. Cancellation/Refund Policy
As per the IRDAI rules and regulations, you have the right to cancel your insurance policy within 15(fifteen) days from the date of receipt of the insurance policy (referred to as “Free look period”). This Free look facility can be availed only for Life and Health insurance policies, subject to certain other terms and conditions specified by IRDAI. We encourage all our customers to read the insurance policy document carefully and avail yourself of the free look facility in case the terms and conditions of the insurance policy document don’t match your insurance requirements. In case of a cancellation, the premium paid for an insurance product will be refunded via cheque or direct credit as per the policy of the Insurance provider that you have chosen to buy the product from; subject to deduction of (i) charges pertaining to medical tests conducted (ii) administrative and service cost like stamp duty etc. and (iii) charges for mortality for the period the policy was in force. Please note such deduction is at the sole discretion of the insurer.
You hereby acknowledge that the Insurer operates as an independent entity with its own responsibilities, obligations, and liabilities. Policy Guru shall not be responsible for, and hereby disclaims any liability arising out of, the Insurer's business practices, refunds, contractual agreements, or any other activities conducted independently of the services provided by the Company. The Company is only acting as a mere facilitator and aiding its customers for speedy refunds.
11. Chargebacks
You (cardholder) may dispute a transaction carried out through our website and file a chargeback with your issuing bank for the reversal of that transaction. Chargeback allows transactions to be reversed by you under specified circumstances such as, on account of (i) alleged forgery of the card number / bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the card association (Visa, MasterCard, etc.) warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, card Associations, your card/payment instrument issuing bank etc. However, we reserve the right to reject a Chargeback, including but not limited to, under the following circumstances:
Our Company shall not be liable to you, in any form or manner whatsoever, for any claims, disputes, proceedings which may arise in connection with Chargebacks initiated by you in the circumstances as specified under (a), (b) and (c) herein above.
12. Indemnity
You agree to indemnify and hold Company (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this ToU, your violation of any law or the rights of a third party, or your use of the Website.
13. Limitation of Liability
In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service: i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company's reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.
IN NO EVENT WILL THE COMPANY’S / SITE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID IN THE LAST SIX (6) MONTHS, OR, IF GREATER, RS. 1000 (RUPEES ONE THOUSAND ONLY).
The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Company, Its affiliates, and/or their respective service providers.
14. Jurisdiction
Company controls and operates this Website from its headquarters in Mumbai, India and makes no representation that the materials on the Website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. Disputes if any shall be subject to the exclusive jurisdiction of Courts at Mumbai.
15. Electronic Communication & Withdrawal of Consent
When you use the Website or send emails to Company, you are communicating with Company electronically. You consent to receive communications from Company electronically. Company may communicate with you by email or by posting notices on the Website or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are being notified that you have the option to withdraw your consent provided herein by contacting[email protected] or any other officer / personnel authorized by the Company in this regard and communicated through the Website from time to time. You agree and understand that such withdrawal of consent may result in difficulties or delays in the provision of services by the Company and/or render the Company wholly incapable of rendering the services to you.
16. Website-Provided Email and Postings
The Website may provide Users with the ability to send email messages to other users and non-users and to post messages on the Website. Company is under no obligation to review any messages, information or content ("Postings") posted on the Website by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Company may from time to time monitor the Postings on the Website and may decline to accept and/or remove any email or Postings. You understand and agree that you shall not to use any functionality provided by the Website to post content or initiate communications which shall be in contravention of clause 5 and 6 of these TOU.
17. Links
The Website or third parties may provide links to other World Wide Web Websites or resources. Because Company has no control over such Websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external Websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.
18. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
19. Intellectual Property Rights
The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Company/its parent company and other associated parties and service providers. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Websites on the World Wide Web without the written permission of Company or such third party which may own the Marks. All information and content including any software programs available on or through the Website ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
All material of, or contained on the Website, including artwork, analysis, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Website, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
20. Survival of Terms
Notwithstanding any other provisions of this ToU, or any general legal principles to the contrary, any provision of this ToU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this ToU.
21. General
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This ToU and the relationship between you and Company will be governed by the laws of the India without regard to its conflict of law provisions. You and Company agree to submit to the personal jurisdiction of the courts located in Mumbai jurisdiction with respect to any legal proceedings that may arise in connection with this ToU. The failure of Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Company does not guarantee it will take action against all breaches of this ToU. Except as otherwise expressly provided in this ToU, there shall be no third-party beneficiaries to this ToU. This ToU constitutes the entire agreement between you and Company and governs your use of the Website, superseding any prior agreements between you and Company with respect to the Website.
22. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of Policy Guru’s TOU, Privacy Policy and other policies or questions:
Mr. Nimish Dali
Email: [email protected]
Address: Impact Guru Technology Ventures Private limited 101, Jai Singh Business Center, 119, Sahar Road, Chakala, Andheri (East) Mumbai - 400099, India
23. Compliance Officer
In case you have any grievances with respect to compliance with applicable laws / rules / regulations concerning insurance policies, kindly reach out to the Compliance Officer mentioned below:
Name: Isha Warhade
Email: [email protected]
Address: Impact Guru Technology Ventures Private limited 101, Jai Singh Business Center, 119, Sahar Road, Chakala, Andheri (East) Mumbai - 400099, India
24. Effective Date:
These TOU shall be effective was updated and became immediately effective from 10th January, 2022 .